Declare me Kogi Governor-elect Now !!! - Faleke order INEC

The running mate to the late Abubakar Audu, the candidate of the All Progressives Congress (APC) in the November 21 governorship poll in Kogi State has asked the Election Petitions Tribunal to declare him governor-elect.

Faleke to tribunal: declare me Kogi governor-elect


•Wants order that the Nov. 21 polls was conclusive
•Seeks withdrawal of Bello’s Certificate of Return

In documents filed before the tribunal by his counsel, Hon. James Abiodun Faleke is seeking 12 reliefs, including four orders compelling the Independent National Electoral Commission (INEC) to reverse itself on several decisions concerning the November 21 polls as from the day Audu died.

Among the reliefs being sought is a declaration that the election to the office of governor of Kogi State of November 21 was valid and that he should be presented with a Certificate of Return as the lawful winner of the election.

Faleke argued that the supplementary election of December 5, upon which Alhaji Yahaya Bello was declared as governor-elect, was unnecessary. He argued that Bello was not qualified to contest in the first place.


In the petition which he submitted to the clerk of the tribunal at about 12.20 p.m. in Lokoja on Monday, accompanied by Mohammed Audu, son of the late Audu, Faleke listed INEC and Bello as first and second respondents respectively.

He said: “The second respondent, who did not register as a voter, who did not vote at the election, who did not present himself to the electorate for votes at the election, who did not participate as a candidate at the election of November 21, 2015 and who did not nominate another candidate as his associate for his running for the office of governor, who is to occupy the office of deputy governor was declared the winner of the election by the first respondent on December 5, 2015.”

With 25 documents attached in support, Faleke listed two grounds for his petition; the second respondent was, at the time of the election, not qualified to contest, and was not duly elected by the majority of lawful votes cast at the election.

Faleke also observed that INEC “did not publish any list of candidates who purportedly participated at the supplementary election held on December 5, 2015”.

He said Yahahya Bello scored only 6,885 votes at the supplementary election held on December 5, far less than the 240,867 votes he (Faleke) and Audu got on November 21.

Faleke added that INEC added the scores of Dec. 5, to the one of Nov. 21 to get the 247, 752 “which it eventually announced before wrongly and unduly returning the secomd respondent as the winner of the election.”

He continued: “The second respondent did not register as a voter in his ward and/or at all for the governorship election in Kogi State. He did not nominate or submit to INEC any candidate as his associate for his running for the office of Governor of Kogi State as mandated by the Constitution.”

Faleke also noted that Form CF002B (ii) submitted by Bello to INEC “on or about November 27, 2015 has no deputy governorship candidate who was to contest along with him.”

He said he protested INEC’s decision to declare the November 21 election as inconclusive and also informed the first respondent in writing that he was not running, “and would not run, contest or participate in the supplementary election of December 5, 2015 as the associate or deputy governorship candidate of the second respondent.”

He is seeking that it may be determined and thus declared by the tribunal:

That election to the office of Governor of Kogi State was already conducted, completed and concluded by the 1st respondent on November 21, 2015.

That the 1st respondent’s decision and proclamation that the governorship election held in Kogi State on November 21, 2015 was/is inconclusive, are unconstitutional, illegal, unlawful, arbitrary, null and void, and ultra vires the powers of INEC.

III. That the 1st respondent was under a duty to declare and pronounce the winner of the concluded governorship election of Kogi State held on November 21, 2015 and make a return accordingly.

That upon the death of Prince Abubakar Audu before taking the oath of allegiance and oath of office, the petitioner who was elected with him as Deputy Governor should be sworn in as Governor of Kogi State.

That the 2nd respondent was at the time of the election to the office of Governor of Kogi State on November 21, 2015, not qualified to contest the election.

That the 2nd respondent was not qualified to contest the office of Governor of Kogi State on December 5, 2015.

VII. That the second respondent was not elected as Governor of Kogi State by majority of lawful votes cast.

VIII. That the return of the 2nd respondent by the 1st respondent on December 5, 2015 is unconstitutional, illegal, unlawful, undemocratic, arbitrary, null and void, and also ultra vires the powers of INEC

An order setting aside the 1st respondent’s decision and declaration that the governorship election held in Kogi State on November 21, 2015 is inconclusive.

An order setting aside the Certificate of Return issued by the 1st respondent to the 2nd respondent and dated December 7, 2015.
An order mandating/directing the 1st respondent to issue forthwith, to the petitioner, a Certificate of Return as the person duly elected as Governor of Kogi State pursuant to the election held on November 21, 2015.

XII. An order of injunction restraining the 2nd respondent from:

(a) Parading, representing or holding himself out as the Governor-elect

(b) Parading himself as Governor of Kogi State based on the Certificate of Return issued to him by the 1st respondent and dated December 7, 2015.

On Monday, Faleke told reporters that he was confident justice would be done in the matter and that he did not join his party, the APC as a respondent in the suit.

INEC Confirms Yahaya Bello's Nomination By APC

The Independent National Electoral Commission (INEC) has received the request by the All Progressives Congress (APC) to replace the late Abubakar Audu’s name with that of
Mr Nick Dazang, INEC Deputy Director, Publicity, disclosed this in an interview with the News Agency of Nigeria (NAN) on Monday in Abuja.
Dazang, however, did not disclose when the commission received the request.
"They have sent the name of their replacement candidate, the second runner-up in their primaries, that is Yahaya Bello, to the commission," Dazang said.
The deputy director also told NAN that the commission was much ready to conduct both Kogi supplementary and Bayelsa State elections scheduled for Saturday, December 5.
"The commission is committed to conducting the two elections. That is why in respect of Kogi, in spite of what happened, we came out with public notice which invites the APC to submit its replacement candidate for the election," he said.
Dazang said that as part of the commission’s preparation for the Bayelsa poll, INEC would be holding stakeholders’ forum in the state on Tuesday.
The deputy director added that INEC had concluded the distribution of non-sensitive materials for the Bayelsa poll.
He also said that the commission would be going to Central Bank of Nigeria (CBN) to collect sensitive materials for onward distribution for the Bayelsa election on Wednesday.
"After the stakeholders’ forum, the commission will immediately on Wednesday commence the distribution of sensitive materials in the state.
"We are inviting the representatives of political parties, their agents, observers, Civil Society Organisations (CSOs) and the media to witness the distribution of sensitive materials," he said.
Yahaya Bello for the December 5 supplementary governorship election in Kogi State.

About Late Prince Abubakar Audu (Oct.1947 – Nov.2015)

Late Prince Abubakar Audu, the governorship candidate of the All Progressives Congress, APC in the just concluded Kogi state election which was declared inconclusive by the Independent National Electoral Commission, INEC, reportedly  died, on Sunday, 22nd November, 2015. Here is a brief biography of the deceased foremost Kogi politician that you need to know.

• Late Prince Abubakar Audu, was the first Executive Governor of Kogi State was born on 27th of  October 1947, to the family of his Royal Highness, the late Pa Audu Oyidi, Orego Atta of Igala Land and the paramount ruler of Ogbonicha-Alloma in Ofu Local Government Area of Kogi State.
• He was twice the Governor of Kogi state.  His first tenure was from January 1992 until November 1993 and the second from 29 May 1999 to 29 May 2003.
• He began his career as a bank worker, later proceeded to London from 1975-1978 where he studied banking and personnel management, obtaining  professional qualification as a certified secretary, and as a Fellow of the Association of International Accountants of London, as well as  fellowship of the Chartered Institute of Industrial Administration of Nigeria.
• He’s banking career lasted for a total of 25 years, which he spent with First Bank – formerly known as Standard Bank.
• He made history as the first training officer of African descent and also as one of the first black Senior Management staff of Standard Chartered Bank in London and New York.In 1991, he was appointed Executive Director of FSB International Bank PLC.
•  He joined public service in 1986 when we has appointed as Commissioner for Finance and Economic Planning in the Old Benue state. He served in this capacity until 1988 when the cabinet was dissolved.
• He contested on the platform of the National Republican Convention (NRC) and won the election held in November, 1991.
• He was subsequently sworn in as the first executive governor of Kogi state in January 1992. In 1998, democracy was again re-introduced and Audu, now with the All  Nigeria People’s Party (ANPP), was elected again with over 700,000 votes while his opponent hardly recorded 50% of the vote cast. He was sworn in on 29 May 1999 as the 2nd Executive Governor of Kogi State.
• He reportedly died, on the 22nd November, 2015, while seeking re-election on the platform of Nigeria’s ruling party, the All Progressives Congress.